#260 – 800 Hornby Street,

Vancouver, BC, Canada

V6Z 2C5

Date Reviewed
October 2020

Course
Explorations in Social Studies 11

Topic
Youth Law

Big Idea
A society’s laws and legal framework affect many aspects of people’s daily lives (from Law Studies
12).

Essential Question
How are youth offenders treated differently than adult offenders?

Learning Standards
Content:
Students are expected to know the following:
 rights of individuals in Canada (adapted from Law Studies 12)

Curricular Competencies
Students are expected to be able to do the following:
 Use Social Studies inquiry processes and skills to ask questions; gather, interpret, and analyze
ideas; and communicate findings and decisions

Core Competencies
Communication
Students can collaborate effectively with others to deliver and present knowledge about the Youth
Criminal Justice Act.

Thinking
Students can challenge assumptions and reflect on views on youth offenders from throughout the
learning experience.

Personal and Social

Students can demonstrate empathy, personal responsibility, and listening skills during the restorative
justice circle activity.

JusticeEducation.ca LawLessons.ca
First People’s Principles of Learning
Learning is reflective, experiential, and relational.

Introduction

● Using a Think-Pair-Share strategy, have students discuss: “Should teenagers be treated the
same as adults in the criminal justice system? Why or why not?”
● During the discussion, create a list on the board with reasons why and reasons why not.
● Students will write an individual journal entry responding to the question.

Pre-Assessment
● Use a Carousel Discussion to activate and assess students' prior knowledge about criminal
procedures. Post the following topics on chart paper around the room:
o arrest and detention
o pre-trial
o trial procedures
o sentencing
● Organize students in four groups and have group each start at a different topic. Ask “What do
you already know about this criminal procedure for adult offenders?”.
● Allow time for groups to discuss and record their ideas on chart paper. Then rotate to the next
topic where they will add to the ideas of the previous group. Continue until each group has
discussed each topic.

Interactive Learning Activities

Part 1: Comparing Youth Offenders and Adult Offenders
● Explain there are similarities and differences for youth offenders under the Youth Criminal
Justice Act.
● Provide students with access to Differences Between Youth and Adult Criminal Justice
Systems. Have students discuss:
o How are youth treated differently than adults in the criminal justice system?
o Which of these differences is the most important? Why?
o Which of these differences is the most surprising? Why?
● Provide students with the handout “Journey of a Youth Offender Aged 12-17”. Project the
infographic Youth Criminal Justice in Canada. Scroll to the second page. For each stage, have
students identify and write down the differences in the criminal justice system particular to
youth. Then have students add more detail using the Justice Department’s Overview of the
Youth Criminal Justice Act.

Part 2: Comparing the Young Offenders Act & Youth Criminal Justice Act
● Ask students: How have the principles of youth justice changed over time? Students will share
ideas and discuss.
● Hand out the graphic organizer Youth Criminal Law in Canada. Students will compare the
Young Offenders Act (1984-2003) and Youth Criminal Justice Act (2003-present).

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 ● Afterwards, review by asking: What are the goals and guiding principles of the Youth Criminal
Justice Act? Follow up with the question: “What specific provisions of the act can help achieve
these goals?” Students can brainstorm answers and discuss as a class.

Part 3: Everything You Need to Know About YCJA

● Handout the assignment Youth Criminal Justice Act Informational Pamphlet. Students
will be working in small groups to create informational pamphlets that explain different
aspects of the YCJA:
o Legal rights of youth regarding search or detention
o Legal rights of youth upon arrest
o Extrajudicial measures
o Youth and adult court
o Youth sentence options under the YCJA
o Youth records
● These pamphlets will be presented to the class in a “fair” that also could be attended by other
members of the school community.
● Students will set up “booths” in the classroom in the style of an information fair.
● At least one member of the group will be at the booth to present their pamphlet and speak on
that aspect of the YCJA as a topic expert. Other group members will rotate around the class to
other booths. There will be a switch halfway through class so each student will have a chance
to present and to learn from others.
● Assess the pamphlets using the Youth Criminal Justice Act: Informational Pamphlet
Rubric.

Post-Assessment
● Have students reflect in their journals:
o How are youth offenders treated differently from adult offenders?
o How is the YCJA designed to enforce the legal rights of youth?

Extension Activities
● Have students engage in a restorative justice circle regarding an issue affecting your school
community.
● Potential topics include harassment, substance use, or vandalism.
● Use the Restorative Justice Circle Guidelines and Questions to structure the activity.

Additional References

Canada. 2017. “The Youth Criminal Justice Act Summary and Background.” Department of Justice.
https://www.justice.gc.ca/eng/cj-jp/yj-jj/tools-outils/back-hist.html

Centre for Public Legal Education Alberta. 2020. “Introduction (YCJA). Canadian Legal FAQs.
http://www.law-faqs.org/national-faqs/youth-and-the-law-national/youth-criminal-justice-act-ycja/introduction-
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ycja/

Jeffrey, Nicole, et al. [n.d.] “Youth Criminal Justice in Canada: Journey of a Youth Offender Aged 12-
17.” Community Engaged Scholarship Institute, University of Guelph.
https://atrium.lib.uoguelph.ca/xmlui/bitstream/handle/10214/10256/
Jeffrey_etal_YouthCriminalJusticeInCanada_Infographic_2017.pdf?sequence=2&isAllowed=y

Justice Education Society. 2020. “Explore the YCJA.” Vancouver, B.C. https://www.ycja.ca/

Justice Education Society. 2018. “Young Offenders.” Vancouver, B.C.

https://www.justiceeducation.ca/legal-help/crime/youth-and-crime/young-offenders

Justice Education Society. 2016. “Legal Rights for Youth in British Columbia.” Vancouver, B.C.
https://www.legalrightsforyouth.ca/

OJEN, Ontario Justice Education Network. 2008. “In Brief: Restorative Justice in the Criminal
Context.” http://ojen.ca/en/resource/in-brief-restorative-justice-in-the-criminal-context.

Youth Criminal Justice Act, SC 2002, c 1. http://canlii.ca/t/544ls [This statute replaces RSC 1985, c Y-
1.]

Young Offenders Act, R.S.C., 1985, c. Y-1. 2003. Archived. Justice Laws Website. https://laws-
lois.justice.gc.ca/eng/acts/y-1/20030101/P1TT3xt3.html

Book

Murphy, Terry, et. al. “All About Law: Exploring the Canadian Legal System.” 6th ed., Toronto, ON: Nelson
Education, 2010.

Materials and Resources

(see next pages)

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 Journey of a Youth Offender Aged 12-17
Infographic with Stages: https://atrium.lib.uoguelph.ca/xmlui/bitstream/handle/10214/10256/
Jeffrey_etal_YouthCriminalJusticeInCanada_Infographic_2017.pdf?sequence=2&isAllowed=y

For extra information: https://www.justice.gc.ca/eng/cj-jp/yj-jj/tools-outils/sheets-feuillets/oycja-alssj.html

Specific Differences for Youth Offenders

1. Police Contact

2. Arrest/ Charge by
Police

3. Bail Hearing

4. First Court
Appearance

5. Trial

6. Sentencing

7. Reintegration

8. Community
Supervision

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 Journey of a Youth Offender Aged 12-17
Answer Key
Infographic with Stages: https://atrium.lib.uoguelph.ca/xmlui/bitstream/handle/10214/10256/
Jeffrey_etal_YouthCriminalJusticeInCanada_Infographic_2017.pdf?sequence=2&isAllowed=y (1)

For extra information: https://www.justice.gc.ca/eng/cj-jp/yj-jj/tools-outils/sheets-feuillets/oycja-alssj.html (2)

Specific Differences for Youth Offenders

1. Police Contact -extrajudicial measures such as warnings and community

referrals encouraged (1)
-45% formally charged, 55% dealt with in other ways such as
referrals for restorative justice programs (1)

2. Arrest/ Charge by -youth can be released or sent to detention centre for custody
Police (detention centre is youth specific) (1)

3. Bail Hearing -conferences including the young person, victim, family, or

community members, or professionals can be used to provide
advice on releasing youth from pre-trial detention (2)

-pre-trial detention used mainly in cases of serious offences or

if there is doubt the youth will show up in court (2)
-pre-trial detention not to be a substitute for childcare or mental
health reasons (2)

4. First Court -may be given extrajudicial sanctions such as community

Appearance service or counselling (1)
-significant reduction in use of courts under YCJA (2)

5. Trial -special youth court (2)

6. Sentencing -sentencing options under the YCJA include fines, probation,

community service, and custody (1)
-purpose of sentences is to hold youth accountable for their
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 actions and promote rehabilitation and reintegration into
society (2)
-adult sentences may be used in cases such as violent
offences (2)

7. Reintegration -youth may return to school find work, or attend programs (1)
-youth workers work on reintegration plans as soon as a youth
goes into custody (2)

8. Community -supervision and community support always a part of a youth

Supervision sentence (2)
-mandatory and additional conditions apply and breach leads
to the youth returning to custody (2)

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 Youth Criminal Law in Canada
Fill out the following chart using the suggested resources:

All About Law textbook

Young Offenders Act https://laws-lois.justice.gc.ca/eng/acts/y-1/20030101/P1TT3xt3.html

Youth Criminal Justice Act: https://www.justice.gc.ca/eng/cj-jp/yj-jj/tools-outils/back-hist.html

Youth Offenders Act Youth Criminal Justice Act

Date Created

Minimum Age of
Criminal
Responsibility

Maximum Age

Main Goals
(i.e. punish,
rehabilitate,
educate)

Common Criticisms

Youth Criminal Law in Canada

Answer Key
Fill out the following chart using the suggested resources:

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 Comparative Analysis of Youth Justice approaches:

http://www.children.gov.on.ca/htdocs/English/professionals/oyap/roots/volume4/
comparative_analysis.aspx (Start at Young Offenders Act heading)

http://www.children.gov.on.ca/htdocs/English/professionals/oyap/roots/volume4/
comparative_analysis.aspx

Young Offenders Act https://laws-lois.justice.gc.ca/eng/acts/y-1/20030101/P1TT3xt3.html

Youth Criminal Justice Act: https://www.justice.gc.ca/eng/cj-jp/yj-jj/tools-outils/back-hist.html

Young Offenders Act Youth Criminal Justice Act

Date Created 1984 2003

Minimum Age of 12 12
Criminal
Responsibility

Maximum Age of 18 18
Criminal
Responsibility

Main Goals -protect society from illegal -protect the public

(i.e. punish, behaviour -prevent crime by addressing the
rehabilitate, -youth to take responsibility for causes of an offender’s behaviour
educate) their actions -ensure offenders receive
-alternative measures could be meaningful consequences
used instead of judicial -extrajudicial measures can be
proceedings used instead of judicial
proceedings
-emphasis on rehabilitation and
reintegration

Criticisms -public sentiment that the YOA
was too lenient (partly in response
to cases of high-profile violent
crime)
-other critics argued the opposite -
that high rates of youth
incarceration would lead to youth
becoming repeat offenders
-has received praise and resulted
in lower levels of youth
incarceration
-has received criticism from those
who believe incarceration is the
better approach over extrajudicial
measures or restorative programs

Other Notes -young people are recognized as -YCJA addresses the needs of
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 having special needs and requiring victims of youth crime
guidance (in Declaration of -Stiff sentencing for serious and
Principle) violent offences exists
-protection of youth privacy
included in this act

Reflection: After reading and filling out the chart, what do you think are the main updates of the YCJA
to the YOA?

- More focus on rehabilitation

- Goals expanded: punishment (especially for serious offences), deterrence, rehabilitation,
reintegration, protection of society are all prioritized
- Data suggests the YCJA is successful in lowering incarceration and promoting reintegration for
youth

Youth Criminal Justice Act: Informational Pamphlet

Instructions: You will be working with other students to create an informational pamphlet about the
Youth Criminal Justice Act (YCJA).

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Keep in mind the essential question:

How are youth offenders treated differently than adult offenders?

Topics for your pamphlet include:

- Legal rights of youth regarding search or detention

- Legal rights of youth upon arrest
- Extrajudicial measures
- Youth and adult court
- Youth sentence options under the YCJA
- Youth records

Requirements:

- Clear title and subheadings

- Accurate and clear content (consider audience and purpose)
- Visual Aids (pictures, logos)
- MLA Bibliography (separate page)
- For images and research sources

Suggested initial resources:

Explore the YCJA, Justice Education Society, www.ycja.ca/

“Introduction (YCJA).” Canadian Legal FAQs, Centre for Public Legal Education Alberta, 11 Jan.
2020, www.law-faqs.org/national-faqs/youth-and-the-law-national/youth-criminal-justice-act-ycja/
introduction-ycja/

“Legal Rights for Youth.” Legal Rights for Youth, Justice Education Society,
www.legalrightsforyouth.ca/

“YCJA”, Prosecution Services – Youth Court Justice Act 2015 Pocket Book Guide,
https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/prosecution-service/reports-
publications/ycja-2015-bc-pocket-guide.pdf

Youth Criminal Justice Act: Informational Pamphlet Rubric

Minimally Approaching Meeting Exceeding

Meeting Expectations Expectations Expectations

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 Expectations

Interpretation -information -information is -information is -information is

and may not be relevant and aids relevant, relevant, detailed
Understanding relevant or understanding, appropriately and consistently
clear; more but more detail is detailed and aids aids
detail needed recommended understanding understanding
How well does
your pamphlet
show -MLA -MLA -MLA -MLA
understanding bibliography bibliography bibliography is bibliography
and incomplete or contains a complete contains a
interpretation of missing minimal number variety of diverse
appropriate of sources sources
information?

Communication -information is -information is -information is -information is

not organized; somewhat organized clearly organized
no subheadings organized; may using thoughtfully and
How well does or information not use subheadings effectively using
your pamphlet contains subheadings subheadings
consider contradictions effectively -design and
audience and visual elements -design and
purpose when -minimal or -design and aid visual elements
communicating distracting visual elements understanding greatly aid
information? design and are included understanding
visual elements - communicates
- some information -interprets
- limited or consideration of clearly for information to
inappropriate audience and audience and communicate
consideration of purpose purpose effectively for
audience and audience and
purpose purpose

Restorative Justice Circle Guidelines and Questions (Teacher Copy)

Background: Restorative Justice is a process that focuses on addressing the harm caused to victims
and the community by the offender. The focus is on healing for all parties. Restorative justice

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promotes positive social behaviours such as listening, empathy, personal responsibility, and
community connectedness.

Restorative justice can take place in many contexts. In this activity, students will complete a
restorative justice circle regarding a social issue affecting their community. Potential topics include
harassment, substance use, and vandalism.

Guidelines for Restorative Justice Circles:

- If possible, the circle should be capped at 12 participants, with 1-2 teachers, counsellors, youth
workers or community leaders as facilitators
- A talking piece will be used
- The person holding the talking piece is the only one talking while everyone else listens.
- The talking piece may be passed around the circle in order, or may be passed on to the
person who wishes to speak next.
- Everyone has the chance to speak, but is not obligated to.

Recommended Process:
- Start with an open-end check-in question
- Facilitator: “I would like to take the time to welcome you here and thank you for taking
part in this restorative justice circle on ________.”
- Identify guidelines for behaviour.
- Facilitator: “Let’s identify a set of guidelines we need to feel comfortable today.”
Facilitator can share an example, such as “Be honest.”
- Check for consensus on each guideline from the group. Take the time to discuss and
debrief each guideline if there is not consensus.
- Use the inquiry format to discuss the issue.
- Define the issue - “What is happening in the community?”
- “How does this make you feel?”
- “Who is being harmed by this? How are they affected?”
- “What can you do as an individual to address this issue?”
- “What do you need to help you do it?”
- “How do you feel about this now after talking it out?”
- Include a closing statement that thank the participants for coming together.
- Facilitator: “Thank you all for participating today. How did you feel about the process?”

Restorative Justice Circle Guidelines and Questions

(Student Copy)

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Background: Restorative Justice is a process that focuses on addressing the harm caused to victims
and the community by the offender. The focus is on healing for all parties. Restorative justice
promotes positive social behaviours such as listening, empathy, personal responsibility, and
community connectedness.

In our class circle, we will be discussing _______________ and how it affects our community.

Guidelines for Restorative Justice Circles:

- We will work together to define guidelines for the circle. In general, the focus will be on
listening, honesty, and openness.
- A talking piece will be used.
- The person holding the talking piece is the only one talking while everyone else listens.
- The talking piece may be passed around the circle in order, or may be passed on to the
person who wishes to speak net.
- Everyone has the chance to speak, but is not obligated to.

Circle Process:
- Opening
- Guidelines
- Inquiry process to discuss issue:
- “What is happening in the community?”
- “How does this make you feel?”
- “Who is being harmed by this? How are they affected?”
- “What can you do as an individual to address this issue?”
- “What do you need to help you do it?”
- “How do you feel about this now after talking it out?”
- Closing

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